UK Legal Question re Photography!

I recently attended a free to enter cross country horse event and took some great horse action shots in a 100% unofficial capacity.

I did see a franchised official photography stand there selling instant prints but I was in a different location to those guys and was in no way treading on their toes.

I have a website and have displayed images on there to share them, I have also put some on the organisers forum and the feedback has been terrific.

I have now had an e-mail from the official guy telling me to remove my pictures from the internet as he has 'sole rights' to sell photo's from this event. I am not overtly marketing mine for sale but of course if someone wanted one they could easily email me.

I do not intend to remove my pictures at the present time, they were taken by me in a public place so I own them and as far as I am concerned I am perfectly entitled to display them wherever I like.

So the question is....at what point can someone else control me or my pictures!

Disclaimer: I am not a legal adviser !

As these were taken in public place and as long as you work enough to keep this images on the net from being stolen by 3rd parties. I dont see any problem.

As they have the copy right to the event, so you can not sell. Since it took place in a public place, you can take pictures and have your own copy.

They can also argue that you have reckless put those pictures up on the net. Any one can steal these and that they possess a threat to their business.

So stop putting pictures in public forum but what you can do is, you can put a link asking people to visit your gallery and comment.

I hope this helps.

Welcome to the Forum UF, and good question. I'm interested in seeing the replies as it should apply to event shooting. I don't get how someone could stop you from using your images but then that's why I'm subscribing to this thread. Hopefully someone can add some solid advice.

Clearly it's a compliment to my artistic skills...but as you say they are MY pictures. The thread on the official event forum has been removed which I would probably agree is fair enough but for him to order me to stop sharing my pictures online is in my view a bit of a liberty!

Depends on what you class as a "public place" - this event must have taken place on someone's property? in which case they can control what is taken and offered for sale.

Was there any information being displayed (by way of posters or in a program guide) as to limitations on photography at the event?

The "offical" tog has probably had to share their proffits with the event organisers - so they will be none too happy with the thought of someone buying your photo's.

The key here I think is the phrase "for sale" - as long as you are not openly offering them for sale, and in the absense of any leaglese on display - I don't see too much of a problem.

TJ

Any place open to the public whether on payment or otherwise becomes a 'public place'.

There is no law against anyone taking photographs in ANY public place so long as the images are legal ie: not of an indecent nature and not even a policeman can lawfully stop you unless he thinks you are a terrorist!

As I see it the issue is one of rights to share the images and/or advertise the them for sale. The official pro photographer is going to be a bit miffed but isn't that called 'competition'? Surely all he needs to do is make sure his are of a higher standard and he's got nothing to worry about?

I think if I am displaying my art in an online gallery for sharing purposes only but someone asks to buy a copy then I am perfectly within my rights to provide them with one and go on sharing them.

- No Ticket or Fee of any kind required for entry?
- No Signage of any kind prohibiting photography?
- No Security screening for "Pro" gear?
- No attempt by you to represent (or misrepresent) yourself in any official capacity?
- No overt marketing by you?

If all of the above is true, I frankly don't see where anyone else has a leg to stand on. The only question is whether or not the "official shooter" had paid rights fees to the event orgaizner. Dunno about the UK, but "rightsholders" in the USofA generally expect and usually get preferential treatment in terms of access and distribution.

I'm not so sure the person you heard from is worried about getting pimped on sales but he/she might be concerned with getting "scooped" for press coverage...

Hi All,

unfazed wrote in post #5379147
Any place open to the public whether on payment or otherwise becomes a 'public place'.

If a place is owned by someone who allows you access then they have every right to remove that access if you break their rules.

unfazed wrote in post #5379147
There is no law against anyone taking photographs in ANY public place so long as the images are legal ie: not of an indecent nature and not even a policeman can lawfully stop you unless he thinks you are a terrorist!

If you take pictures from a place which is owned by someone, ie Private Property, and they wish you to stop the can ask you to.

If you refuse they can then ask you to leave.

If you again refuse you are then trespassing which is an offence.

Regards
Nigel

Sounds to me like your avitar is telling fibs.

TJ

How did the other photog find your site or even know who you are?

;}

Nanscombe are you trying to tell me that ANYONE with a camera would be removed? what are they gonna do call in the army?

They can ask you to leave but you don't have to. You can provide your name and address and any action regarding 'tresspass' would have to dealt with through a solicitor...it's a civil matter and not one for the police.

No criminal offence was taking place.

I tend to agree with flyingphotog the official tog probably did have to pay a site fee but that's not my fault and again there were loads of family and competitors with their own cameras as well.

* Sam..I posted some good shots on to the event website forum so riders could see them.

unfazed wrote in post #5379147
Any place open to the public whether on payment or otherwise becomes a 'public place'.

Unfortunately that is not true.

As to his rights to stop you selling, If he has a contract with the organisers of the event then between them they could prevent you actively marketing your images (it is unlikely that they would want to pursue this as it could be expensive for them but ask yourself this, were it you who had a commercial arrangement with the organisers for sole rights to sell pictures from an event how happy would you be if some GWC was also selling via his website?)

I cannot see any legitimate grounds for you to take down the images from your website if you are not offering them for sale.

Neil I hate to get all legal on you but I am correct in law on this one..

“public place” legal definition :- "includes any place to which the public have access as of right or by invitation, express or implied whether by payment or otherwise".

I'm a serving police officer so one thing I do know about is criminal law...I admit to being a bit hazy where copyright and civil issues are concerned hence the thread...

I take your point regarding the guy having the contract to take and sell pictures and fully accept he would be pissed off to see someone marketing superior images to his so I will be very careful not to advertise them for sale which I haven't anyway.

I am planning to go to more of these events as above all it's a huge challenge and bloody good fun and a great way to spend a day off!

OK, so try leaving your job, setting up as a full-time photographer (assuming you are that good) and try earning your living from your photography.

THEN we'll see how pissed off YOU are when some weekend shooter tries to take your custom!

TJ

Hmm,

Well, you learn something different every day.

It would seem that since Trespass, in the Uk, is a civil matter the Police would not have had any more power than the owner to evict someone from their site.

However, I would imagine that, if the behaviour of the person being evicted escalated into physical or verbal abuse the outcome could be somewhat different.

Nigel